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(영문) 춘천지방법원 원주지원 2019.10.22 2019고단950
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 26, 2019, the Defendant: (a) called “B brokerage office” from a name-free person who assumes the “C team leader” of the “B brokerage office; (b) sent a e-mail card for withdrawal of principal and interest,” and (c) sent a copy of the e-mail card connected to the F Bank Account in the name of the Defendant on the street of the “E-cafeteria” located in Gangwon-si, Gangwon-do, at around 19:00 on June 27, 2019.

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Data replies to financial institutions (A);

1. Application of Acts and subordinate statutes to investigation reports [The I Submission of A to Suspect, I];

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act: The act of lending the means of access is easy to commit various crimes, such as tax evasion, scaming, etc., and the social harm of the means of access is not severe.

The means of access leased by the Defendant was used for the crime of Bosing.

The favorable circumstances: The defendant recognized the crime of this case and reflects it.

The defendant expected an intangible benefit that he/she can get a loan by suffering economic difficulties and transferred the means of access. There is a reason to take into account the motive for the crime.

The defendant did not acquire any substantial benefit from the crime of this case.

There is no record that the defendant has been punished by imprisonment or more severe punishment.

As above, in full view of the circumstances and the age, character and conduct, motive and background, means and consequence of the crime, the circumstances after the crime, etc. of this case and the sentencing conditions indicated in the records, the punishment as ordered shall be determined.

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